Thursday, September 22, 2016

Russian Electoral Fraud: A Threat to Constitutional Governance

In spite of Ella Pamfilova’s appointment in March, 2016 to “clean house and oversee transparent, democratic elections,” . . . “a statistical analysis of the official preliminary results of the country’s September 18 [2016] State Duma elections points to a familiar story: massive fraud in favor of the ruling United Russia party.”[1] “The results of the current Duma elections were falsified on the same level as the Duma and presidential elections of 2011, 2008, and 2007, the most falsified elections in post-Soviet history, as far as we can tell,” physicist and data analyst Sergei Shpilkin said to The Atlantic.”  In 2008, Shpilkin estimated that United Russia actually won 277 seats in the Duma instead of the constitutional majority of 315 that it was awarded.[2] This means that Putin’s party could unilaterally amend the Russian constitution. From a constitutional standpoint, either the hurdles in the amendment process are too low or the election fraud has been so massive the entire form of government is impaired.

The official turnout for the 2016 election “was 48 percent, and United Russia polled 54.2 percent of the party-list vote—about 28,272,000 votes. That total gave United Russia 140 of the 225 party-list seats available in the Duma. . . . In addition, United Russia candidates won 203 of the 225 contests in single-mandate districts, giving the party an expected total of 343 deputies in the 450-seat house.”[3] With the “projected 343 deputies in the new parliament, United Russia once again has enough votes to unilaterally alter the constitution.[4]

“By my estimate,” Shpilkin said, “the scope of the falsification in favor of United Russia in these elections amounted to approximately 12 million votes.”[5] He “shows that almost all ‘extra’ votes from polling stations reporting higher-than-average turnout went to United Russia. That is, a party such as ultranationalist Vladimir Zhirinovsky’s LDPR received virtually the same number of votes from polling stations reporting a turnout of 95 percent as it did from stations reporting turnouts of 65 percent. United Russia, by contrast, received about four times as many at the 95 percent stations.”[6]

Fraud at around 12 million votes is indeed massive, and it is clearly enough to render the existing constitutional amendment process dysfunctional. A constitution should not be a document that one party can unilaterally change. The crime, ostensibly committed by Putin’s party, is sufficient, therefore, to impair the rule of law from a democratic standpoint. 

The problem with reform of the elections has to do with lessor powers being able to thwart the efforts of the hegemonic party, whose power could easily block even small reforms. It may well take a huge groundswell of Russian people uniting to push for meaningful change that would rid United Russia of its overwhelming claws. For this to occur, the groundswell would have to be non-partisan rather than going through the extant other parties; enough solidified power that is yet widespread would have to coalesce to overpower the power of the United Russia party. Such a cause would naturally be to safeguard the constitutional system itself from the reach of even the largest party. This is a formidable feat not only because of the continuing power of United Russia, but also the power needed to concentrate the diverse and decentralized power of the people—the popular sovereign, to whom the Russian government and the constitution should rightfully defer, as an agent defers to his principal.


[1] Valentin Baryshnikov and Robert Coalson, “12 Million Extra Votes for Putin’s Party,” The Atlantic, September 21, 2016.
[2] Valentin Baryshnikov and Robert Coalson, “12 Million Extra Votes for Putin’s Party,” The Atlantic, September 21, 2016.
[3] Valentin Baryshnikov and Robert Coalson, “12 Million Extra Votes for Putin’s Party,” The Atlantic, September 21, 2016.
[4] Valentin Baryshnikov and Robert Coalson, “12 Million Extra Votes for Putin’s Party,” The Atlantic, September 21, 2016.
[5] Valentin Baryshnikov and Robert Coalson, “12 Million Extra Votes for Putin’s Party,” The Atlantic, September 21, 2016.
[6] Valentin Baryshnikov and Robert Coalson, “12 Million Extra Votes for Putin’s Party,” The Atlantic, September 21, 2016.